Indian Constitution

The paper examines the implications of article 34 of the Constitution of India on Human Rights. It argues that having regard to inadequate safeguards,  it is possible to abuse the provision to indemnify excesses of the armed forces. Article 34 allows the Parliament to pass an Act of Indemnity to indemnify commissions and omission of the armed forces even if they derogate those fundamental rights, which are considered to be non - derogable. Existence of article 34, in the present form, is always a potential threat to the human rights.

The Constitution (First Amendment Act), 1951 remains one of the most deeply contested changes to the Indian Constitution. This article revisits the debates in the Interim Parliament focusing on aspects related to crowd action and unrest related to the shortage of food, clothing and shelter in this period that have not received enough attention in the existing literature. The article also focuses on institutional arguments related to the role of the Provisional Parliament in relation to the Indian people and future generation of Indians.

Abstract:

Concept of Socialism has been enshrined in the Directive Principles of State Policy of Indian Constitution. It is pertinent to look at the concept which arguably is one of the most essential principles of the constitution. But in practice it remains merely a directive of the State which is not obliged to be following in this era of liberalization. Thereby limited scope of constitutional socialism failed to fulfill this socialistic approach for common man who strongly believed in protection for down trodden class and sufferers of class conflicts. Naxalism arose as a challenge towards limited socialistic approach of our constitution. Naxalism is a group that overthrows the government and upper classes by force against all social and economic exploitations suffered by poor and backward people of the country. This movement advocated for existences and rights of poor and down trodden people. This paper will try to highlight the complexity and difficulties of Naxalites problem and its existence as threat for both for internal and external security of county. It will try to reflect a solution which is of multi-dimensional character and calls for a synergy between the central government and the states.

Preparation for a genocide under way in India: Dr. Gregory Stanton
Internationally acclaimed expert raises concerns about possible mass extermination of Muslims while briefing US Congress on situation in Kashmir and Assam.
Sabrangindia 14 Dec 2019
Dr. Gregory Stanton, founder of Genocide Watch, addressed an audience of Congressional and Government officials at a briefing titled Ground Reports on Kashmir and NRC in Washington D.C on December 12 where he said, “Preparation for a genocide is definitely under way in India.” He said that persecution of Muslims in Assam and Kashmir “is the stage just before genocide,” adding, “The next stage is extermination — that’s what we call a genocide.”
Dr. Stanton created the world-famous “Ten Stages of Genocide” as a presentation to the U.S. Department of State when he worked there in 1996. According to Dr. Stanton, the ten stages of genocide are as follows:
• The first stage was “classification” of “us versus them”.
• The second stage, “symbolization”, named the victims as “foreigner”.
• The third stage, “discrimination”, “classified [the victims] out of the group accepted for citizenship” so that they had no “human rights or civil rights of citizens” and were “discriminated against legally”.
• The fourth stage, dehumanization, “is when the genocidal spiral begins to go downwards. You classify the others as somehow worse than you. You give them names like ‘terrorists’, or even names of animals, start referring to them as a cancer in the body politic, you talk about them as a disease that must be somehow dealt with.”
• The fifth stage was creating an “organization” to commit the genocide: the role played by the “Indian army in Kashmir and the census takers in Assam”.
• The sixth stage was “polarization”, which is achieved by propaganda.
• The seventh stage was “preparation”
• The eighth “persecution”, where Assam and Kashmir currently were.
• The ninth stage is “extermination” and;
• The tenth stage is “denial”.
[With thanks to Sabrang]

गोलवलकर की 'हम या हमारी राष्ट्रीयता की परिभाषा' : एक आलोचनात्मक समीक्षा (लेखक शम्सुल इस्लाम)
गोलवलकर की अंग्रेज़ी पुस्तक वे और आवर नाशनहुड डिफाइंड का सम्पूर्ण हिंदी अनुवाद सहित

"गोलवलकर पर सावरकर के विचारों की गहरी छाप थी, दोनों जातिवाद  के समर्थक थे और हिटलर दुवारा लाखों-लाख यहूदिओं के जनसंहार  को जायज़ ठहराते थे। वे यहूदीवादी राज्य इज़राइल के इस लिए समर्थक थे की इस ने अपने पड़ोसी मुस्लमान देशों  से लगातार युद्ध  छेड़  रखे  थे।  इस प्रकार इस्लाम  से घिर्णा  हिंदुत्व का एक अभिन्न अंग बन  कर  उभरा। गोलवलकर की  पुस्तक 'वी और ऑवर नेशनहुड डिफाइंडकी मुझे जानकारी नहीं थी। अब  इसे  सम्पूर्ण रूप से शम्सुल इस्लाम की पुस्तक में आलोचना के साथ छापा गया है।  मैं ने जो  कुछ कहा  है इस से उसकी पुष्टि होती है।" 
ख़ुशवंत सिंह 

यह पुस्तक आरएसएस के प्रकाशनों और दस्तावेज़ों की रौशनी में गोलवलकर के जीवन और विचारों के बारे में वास्तविक सच्चाइयों को सामने लाने का एक प्रयास है। यह वे दस्तावेज़ हैं जिन्हें लेखक ने पिछले चार दशक में एकत्रित किया है।

This is the Hindi version of WE OR OUR NATIONHOOD DEFINED: A CRITIQUE BY SHAMSUL ISLAM WITH THE FULL TEXT OF THE BOOK (5th edition)

This research paper is an attempt to explain the terms: 'State', 'Sovereign', 'State Action' and the concept of 'State Absolutism' through the authoritative writings of legal philosophers in the likes of Bryce, Machiavelli (Prince), Jean Bodin, Thomas Hobbes (Leviathan), John Locke (Two Treaties of Government), John Austin (Province of Jurisprudence Determined) and A.V. Dicey (The Law of the Constitution). Chapter I of this research paper deals with the definitional analysis of the term 'State', as obtaining in Article 12 of the Constitution of India, 1950. Chapter II deals with the 'tests' qua determination of 'State' (Board of Control for Cricket in India v. Cricket Association of Bihar, (2015) 3 SCC 251), 'Local Authorities' and 'Statutory Bodies', with specific emphasis albeit, whether or not, 'authorities situated outside India' constitute 'State' within the periphery of Article 12. Chapter III, principally focuses on, whether or not 'judiciary' constitutes 'State'; hardbound stress has been laid on the recent case of: Riju Prasad v. State of Assam (2015 SCC Online SC 613). Chapter IV focuses on the moot question albeit 'Can the State claim fundamental rights?' author has laid emphasis on the case of, State of West Bengal v. Union of India (AIR 1963 SC 1241), to give the answer in a "yes". Chapter V deals with the conclusion; author is of the opinion that purposive and beneficial construction of the term 'State' is in greater interest of the citizenry, furthering the protection conferred to them by the Suprema Lex by virtue of Part III of the Constitution of India, 1950.

There is growing resentment of people against government which is visible from the ever growing number of litigations filed against government and government actions. This also indicates the mistrust of the people on the government's actions. It has caused due to lack of functional link between the ideology and functional policy of respective government. Articulation of cherished ideology and its circumferences will assist the functionaries to lay such functional policies in tune with the accepted policy of a State ( not of a Government). The political concept of 'Republic' is one of the one of the oldest political ideology, but its practice is eroding due to inconsistent understanding on it. To make 'Republicanism' as civic virtue, it is sine qua non to understand the same in existing Constitutional structure. People of India have declared to establish a Republic and Republicanism for themselves. This article is an endeavour towards that from Indian Constitutional law perspective. Concentration is on reading the modern perception of 'Republic' and linking the same with Indian Constitutional structure. In the present deliberation, the author candidly admits that he has refrained to examine the modern perception of 'Republic of India' from functional perspective of Indian Republic.

There is growing resentment of people against government which is visible from the ever growing number of litigations filed against government and government actions. This also indicates the mistrust of the people on the government's actions. It has caused due to lack of functional link between the ideology and functional policy of respective government. Articulation of cherished ideology and its circumferences will assist the functionaries to lay such functional policies in tune with the accepted policy of a State ( not of a Government). The political concept of 'Republic' is one of the one of the oldest political ideology, but its practice is eroding due to inconsistent understanding on it. To make 'Republicanism' as civic virtue, it is sine qua non to understand the same in existing Constitutional structure. People of India have declared to establish a Republic and Republicanism for themselves. This article is an endeavour towards that from Indian Constitution...

The original constitutional provision for free and compulsory education, granted under Article 45 stated that it was to be available for ‘all children until they complete the age of fourteen years’, but it did not specify the lower age limit nor the stage of education (whether elementary or primary) that would be free and compulsory. This has led to much speculation about the ‘real intentions’ of the founding fathers
of the Constitution and even led to ‘policy framing’ in support of various preferred strategies. However, this article, based on recent research that traces the genesis of this clause, shows that the pre-final text of what was adopted in the Constitution of India as Article 45 originated from four sister clauses that together represented the essence of the Sargent Plan of 1944, with the intention of making only the primary stage of education free and compulsory.

Did the promulgation of the Indian constitution on 26 January 1950 make a difference to the lives of most Indians? This article argues that contrary to existing scholarly and popular belief, the adoption of a written constitution with a bill of rights and judicial review transformed the relationship between the citizen and the state and emerged as a new field of practice. It does so by mapping the growth of judicial review of executive action through a series of similar challenges under Articles 32 and 226. Examining the trial of rebels and malcontents in Bengal, Hyderabad, Bombay, and Saurashtra during the early years of the postcolonial republic, it teases out how colonial governmentality responds to the institution of a written constitution. The article demonstrates that the constitution came to be utilized as a resource and a venue to challenge the continuation of the colonial practice of special tribunals and exceptional procedures. Judicial remedies made constitutional governance a two-way process, where citizens could insert themselves into a conversation on state practice. Constitutional law became grounded in uncertainty as the results in very similar cases varied widely. However, it was this uncertainty about constitution law that gave it legitimacy and attracted widespread participation by the state and citizens.

The present paper presents a detailed account of the
Indian Language Education Policy from a historical perspective
and the issues associated  with policy- making for language in
education in the Indian socio-political context; It argues the
outcome of the policies implemented in the colonial period and
discusses the current status of implementation of these policies in
the present Indian Educational scenario. It further elaborates the
adoption of national and regional language policies of India in
general and its outcomes in Tamil Nadu state in particular.
Finally it discusses and evaluates the consequences and aftermath
to be taken into account by the policy makers.

Society is made up of men and women and we see both the genders in light. But hidden is the third gender, the transgender, who are called as the “Special Children of God”. They are in between the masculism and feminism. These transgenders are not accepted by our normal build up society. They think of them as dirt or loop hole of the society. But in reality, they too are the creation of god just like men and women. Our Indian Constitution had given right to every citizen of our country no matter male, female or transgender. These people are given stink eyes whenever they made a step in field of education or employment. Instead of supporting and providing education to the third gender, they were mistreated and were thrown out of their own families and society. Because of these consequences, some of them hide their feelings to themselves thinking if someone came to know about them, they will be disowned publically. Majority of transgenders are in prostitution and some even beg for food and money in order to survive. This is a separate community in itself just like other communities of our country. Back in few years only, transgenders have came across in public to fight for their rights in society. After a long term of court case, finally they too are considered as a part of our society. In job forms also, a new column of gender has been mentioned. Our constitution provides opportunities for everyone who is the citizen of India under the Part III directing the Fundamental Rights (Article 14 to 30).

Talaq-e-biddat has been a source of severe oppression and injustice for Muslim women. The practice results in the unilateral breakdown of a marriage at the whim of the husband. The judicial trend has evolved against the practice since the courts have, at several occasions, declared the practice to be unacceptable with certain qualifications. In Shayara Bano v. Union of India, the Supreme Court conclusively struck down this practice. Subsequently, the Parliament came up with the Muslim Women (Protection of Rights on Marriage) Bill, 2017 which declared the practice as void and illegal. The Bill also makes the practice a non bailable and cognizable offence and provides imprisonment of three years for the same. The authors critically examine the bill and conclude that criminalising an act of private nature would have adverse repercussions on the institution of marriage. Although the Bill might prohibit triple talaq, it seems highly improbable that it would effectively achieve its objective of protecting the rights of married Muslim women at the same time. The authors suggest an alternative scheme which would achieve the objective of the Bill while overcoming its limitations. https://www.sociolegalreview.com/post/criminalisation-of-triple-talaq-dissecting-the-constitutional-and-socio-legal-aspects

Part IV of the Constitution of India provides for the Directive Principles of State Policy. Though these principles are non-enforceable but are indispensable in the governance of the country. One such directive principle is given under Article 44 of the Constitution which creates an obligation on the state to enact a Uniform Civil Code. Over the years various directions have been issued by the Supreme Court for its implementation. But, due to excessive politicization, it is still a distant dream. In the absence of a uniform law regarding personal matters like marriage, divorce, adoptions, etc., various personal laws are applicable to different religious communities. These laws find their source and authority in their religious texts and customs which provides for gender discriminatory practices. The paper aims to achieve a balance between Right to Freedom of Religion and Right to Equality by segregating the 'essential religious practices' and 'secular activities'.The need of the hour is to enact a Uniform Civil Code but that should be done slowly and gradually after making the people especially the minorities, aware about its scope and extent.

This Hindutva VEER (brave) Savarkar, the idol of the present RSS/BJP rulers wrote not one or two but FIVE MERCY PETITIONS to the British rulers begging release from the Cellular Jail. He was imprisoned for FIFTY YEARS but got remission of more than THIRTY FIVE YEARS. Photograph of such a coward hangs even in the Indian Parliament. READ THE ORIGINAL TEXTS OF HIS MERCY PETITIONS.

Supreme Court Justice Abdul Nazeer by Demanding Dismantling of Indian Judicial system has Violated His Oath
[The print version appeared in FRONTLINE, January 28, 2022 with the following link: https://frontline.thehindu.com/cover-story/objection-your-honour-supreme-court-judge-s-abdul-nazeers-recent-speech-raises-eyebrows/article38192921.ece]
Justice Abdul Nazeer, is not only one of the judges with longest term at the Supreme Court (SC) of India but also the one, only 3rd in the history of SC, who was elevated to the highest court in 2017 (to retire on October 20, 2023) without being chief justice of any High Court.
On December 26, 2021, he addressed the 16th National Council Meeting of the Akhil Bhartiya Adhivakta Parishad (ABAP) at Hyderabad on the theme of 'Decolonisation of the Indian Legal System'. His participation in this event was surprising in many respects. It was an organizational meeting of one of the appendages of RSS. According to a Hindi publication of RSS [Parm Vaibhav ke Path Per, 1997] ABAP was created in 1992 to work for moulding the Indian judicial system according to “Bhartiya culture…to suggest amendments in the Indian Constitution... [and] amendment in Article 30”. It is to be noted that according to RSS Bhartiya culture is Hindu culture only. The Indian constitution needs to be discarded as according to the most prominent ideologue of the RSS, MS Golwalkar [Bunch of Thoughts], “it has absolutely nothing which can be called our own”. It stands for removal of Article 30 of the constitution which provides minorities right to establish and administer educational institutions.
It is interesting to note that ABAP on its website did not reproduce the text of the address of the Justice for reasons known to them only but thanks to a prominent legal portal (LiveLaw.in) the whole text was made available. Justice Nazeer deliberating on the theme declared that Indian legal system was a colonial legal system which “is not suitable for the Indian population. The need of the hour is the Indianisation of the legal system”.
What he meant by Indianisation of the Indian legal system was made clear by the following utterances of his:
"We must go back in time to the ancient Indian Scriptures to get a true and correct picture of the legal system of ancient India. It is then that we discovered that ancient Indian jurisprudence was founded on the basis of the rule of law and had some of the features that were immensely revolutionary for the ancient world.”
He lamented the fact that the Indian legal system continued to neglect the great knowledge of the “legal traditions as per Manu, Kautilya, Katyayana, Brihaspati, Narad, Yagyavalkya and other legal giants of ancient India” which resulted in “adherence to colonial legal system” that proved to be “detrimental to the goals of our Constitution and against our national interest”.
According to him "Despite such a rich tradition of highly sophisticated pre-existing legal system which was prevalent in India, foreign legal systems were imposed upon us with every invasion [he means Arabs] and occupation” [by the British] and it is lamentable and “tragic that the same colonial legal system is being continued in a large and changed manner even today in 2021"
Justice fondly remembered Manu who prescribed “public censure as one of the punishments for crime”. It is immensely sad that a legal luminary gracing the SC Bench is glorifying public shaming as a form of punishment. He completely disregarded the fact that public censure was and is in vogue in totalitarian regimes which leads to witch-hunting [both in literal and macro sense] and lynching. In fact, Allahabad High Court in a judgment [March 2020] declared naming and shaming of CAA protestors by Adityanath government as “nothing but an unwarranted interference in privacy of people” and violation of Article 21. 
He also praised Kautilya and his work Arthashastra for upholding the concept of a welfare state in which “the happiness of his subjects lies the King's happiness; in their welfare his welfare…”
CONTINUES....

Muhammad Ali Jinnah got what he wanted for Indian Musalmans though in time, their Quranic zeal turned Pakistan into a Rogue State. What of India, the product of an irony of a partition in that while some Musalmans walked away with one-fourth of its land, others stayed back to nurse their separatist dogma in its truncated bosom?
While the Hindu nationalists lamented about the loss of their ancient land, the Musalman intellectuals were alarmed at their reduced numbers vis-à-vis the Hindus. Even as the Golwalkars articulated the Hindu frustration in shrill tones, the Maulana Azads voiced the Muslim apprehensions in secular tunes. Whatever, as Pakistan became an Islamic State for the Musalmans, India remained a habitat of varied interest groups, the Musalmans included! While the Indian political classes were beset with a sense of loss that partition brought in in its wake, the Hindu intellectuals were upset by the age-old caste guilt that the reform movement occasioned in their collective consciousness.
It was in such a setting that India ventured to formulate a constitution for itself, of course, piloted by Babasaheb Ambedkar, the intellectual giant from the depressed classes. Yet the end product, touted as the bulkiest of the written constitutions in the comity of nations, turned out to be an exercise in selective amnesia. 
“WE THE PEOPLE OF INDIA, reads the preamble of the Constitution of India ..

Excerpted from the author's Puppets of Faith:Theory of Communal Strife

LEADING INDIA INTO DARKNESS: INDIAN PRESIDENT IDOLIZES 'GITA PRESS' THAT PREACHES ENSLAVEMENT OF HINDU WOMEN!

It is mandatory for every President of India to take the following oath prescribed under Article 49 of the Indian Constitution before occupying the august office: "I, [Name] do swear in the name of God/solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India." There is no ambiguity on the character of India polity which is explained in the Preamble of the Constitution. It is a democratic Republic, formed to secure for all its citizens, justice, liberty, equality, fraternity and dignity. Surely, the present President of India, His Highness Ram Nath Kovind has not been exempted from this constitutional obligation. However, sadly discarding totally this commitment he graced and addressed the centenary celebrations of Gita Press at Gorakhpur on June 4, 2022 in the presence of Uttar Pradesh Governor and chief minister. According to the Press Information Bureau press release, "Speaking on the occasion, the President said that Gita Press has played a very important role in taking the spiritual and cultural knowledge of India to the masses through its publications…The President noted that apart from the Bhagavad Gita, Gita Press publishes books like Ramayana, Puranas, Upanishads, Bhakt-charitra etc. It has made a record by publishing more than 70 crore books till now and has the distinction of being the world's largest publisher of Hindu religious books. He praised the Gita Press for providing religious books to the public at cheap prices even despite financial constraints."

INCLUSION OF STUDY OF RSS IN THE UNIVERSITY SYLLABUS
OPEN LETTER TO THE VICE-CHANCELLOR OF RASHTRASANT TUKADOJI MAHARAJ NAGPUR UNIVERSITY
Respected Vice-chancellor Dr. Siddharthavinayaka P. Kane Saheb,
I am writing this open letter to you on a critical issue concerning the contents of the syllabus at your University. As per a communiqué of the the University which must have had your concurrence, the history of the Rashtriya Swayamsevak Sangh (RSS), and its role in 'nation-building' have been included in the syllabus for in the second year BA (History) course. Surprisingly, it has been accommodated by removing a crucial topic, 'Rise and growth of communalism in India'. According to Mr. Satish Chafle, spokesperson the University it has been done to accommodate the "Nationalist school of thoughts". 
Vice-chancellor Saheb!
There cannot be a bigger lie than this that RSS was ever an Indian nationalist organization or it played any nation-building role so far as our democratic-secular India is concerned. On the contrary, RSS since its birth in 1925 with its Hindutva allies like Hindu Mahasabha led by VD Savarkar worked overtime to betray the glorious anti-colonial freedom struggle, denigrated all symbols of national unity, belittled the martyrs, demanded promulgation of inhuman Manusmriti as constitution of India, decried democracy  and demanded conversion of democratic-secular polity into a Hindutva state. As if all this was not enough, the RSS idol and the Hindutva icon 'Veer' Savarkar led Hindu Mahasabha ran coalition governments with the Muslim League in 1942 and backstabbed Netaji when he was trying to liberate Indian militarily.
Sir,
I trust you as an educationist and believe that you have stakes in finding the truth about RSS or any other organization. I am producing immensely disturbing facts about the ideology and practices of RSS from its own archives and no other source.
LINK FOR THE FULL TEXT OF THE LETTER:
https://countercurrents.org/2019/07/inclusion-of-study-of-history-of-rss-in-the-university-syllabus

[Adjudged as 2nd Best Legal Essay in 4th Independent Thought National Legal Essay Competition, 2015]
The authors, through this essay, have sought to analyse the socio-legal aspects of the employment of children at home and its impact upon the child’s constitutional right of education with regards to the existing legal framework on the same. India has laws for the prohibition of Child Labour, however they need to be amended as they have been weak in curbing this menace and are in direct conflict with Article 21A of the Constitution. The essay has been divided in two parts. The first part discusses the history of child rights and constitutional protections provided to children. The second part shall elucidate the loopholes in the proposed amendment to Child Labour(Prohibition and Regulation) Bill, 2012 followed by recommendations and conclusion.

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes.

Life of every individual is greatly influenced by the administrative process. In the actions of a Welfare State, the constitutional mandates occupy predominant position even in administrative matters. It operates in public domain and in appropriate cases constitutes substantive and enforceable right. The term legitimate expectation pertains to the field of public law. It envisages grant of relief to a person when he is not able to justify his claim on the basis of law in true sense of term although he may have suffered a civil consequence. It does not create any legal right as such. The concept of legitimate expectation is being used by the courts for judicial review and it applies the ethics of fairness and reasonableness to the situation where a person has an expectation or interest in a public body retaining a longstanding practice or keeping a promise. The courts have emphasized that legitimate expectation as such is not an enforceable right. However, non-consideration of legitimate expectation of a person adversely affected by a decision may invalidate the decision on the ground of arbitrariness. The plea of legitimate expectation relates to procedural fairness in decision-making and forms part of rule of non-arbitrariness; and it is not meant to confer an independent right enforceable itself. The doctrine of legitimate expectation is not applicable in relation to a dispute arising out of a contract qua contract. Furthermore, this doctrine cannot be invoked to modify or vary the express terms of a contract, more so when they are statutory in nature. This paper throws light upon the new legal order which has influenced the administrative process greatly. This legal order in the Administrative Law has emerged in India in the middle of 20th century. An attempt has been made in this article to analyze the role of judiciary in India in checking the growing abuse of administrative powers and in this process role of judiciary in Europe and United Kingdom in developing this doctrine has also been studied. It reflects how reasonable opportunity of being heard is given to the affected parties against administrative action, although it does not create any legal right as such. 

NOVEMBER 26; THE INDIAN CONSTITUTION DAY
HOW RSS DENIGRATED INDIAN CONSTITUTION: A PEEP INTO ITS ARCHIVES
The Constituent Assembly of India finalized the Constitution of India on November 26, 1949 which is celebrated as the CONSTITUTION DAY. This Constitution promised new born Indian Republic a polity based on democracy, justice, egalitarianism and rule of law. However, RSS was greatly annoyed. Four days after the historic event of approval of it, the RSS English Organiser in an editorial on November 30, 1949, complained:
“But in our Constitution there is no mention of the unique constitutional development in ancient Bharat. Manu’s Laws were written long before Lycurgus of Sparta or Solon of Persia. To this day his laws as enunciated in the Manusmriti excite the admiration of the world and elicit spontaneous obedience and conformity. But to our constitutional pundits that means nothing.”
READ THE WHOLE ARTICLE...
LINKS:
https://sabrangindia.in/article/how-rss-denigrated-constitution 
https://www.hastakshepnews.com/november-26-the-indian-constitution-day-how-rss-denigrated-it/
https://muslimmirror.com/eng/constitution-day-how-rss-denigrated-it-a-peep-into-its-archives/?utm_source=rss&utm_medium=rss&utm_campaign=constitution-day-how-rss-denigrated-it-a-peep-into-its-archives

Supreme court in India whose prime work is to interpret and protect the constitution of India and safe guard the fundamental rights of the citizens of India. It went under a roller coaster ride to revive and strengthen itself since its inception in 1950.during this journey it gave judgement which are considered as milestones in any legal system.It restored back the faith of citizens in judiciary through PILs.though criticized for intruding in other branches of state through its activism and populism.

What methods, if at all, do Indian judges deploy in their law reading? In their abundant refer- ences to the term “jurisprudence”, the Indian judge gives neither precise meanings nor meth- ods to ascertaining what is jurisprudence; the judges declare when purposively breaking new grounds, or, the state constitutively roots for a strict, even a conservative, reading of its will and legislative intention. Judges while read penal and taxation statutes strictly, at the Indian Supreme Court the "ends of justice" clearly override, as it should, positivist interpretations. The legislature and the executive therefore tolerate the Supreme Court’s purposive reading down of the colonial statutes, just as, conversely, they reject the Court’s "reading down and reading wide" of politically sensitive public law statutes to defend their postcolonial intent. I aim to map the uncertain landscape of the Indian Supreme Court’s use of “jurisprudence” and jurisprudence’s relationship with statutory interpretation.

[Adjudged as 3rd Best Legal Essay in TLA 1st Pinky Anand National Legal Essay Competition, 2016, https://www.lawctopus.com/tla-1st-pinky-anand-national-legal-essay-competition-2016/]
To combat excessive corruption in the administration of various welfare schemes, the Parliament has now enacted the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 to provide targeted delivery of benefits and subsidies directly to the people thus eliminating intermediaries. If properly implemented, this scheme can prove a boon to the poor as they can receive actual benefits more effectively.
The Aadhaar Act has many loopholes, including open ended definitions resulting into confusion about the scope of the scheme. But, the issue of violation of right to privacy is of prime importance. Right to privacy is not mentioned in the chapter dealing with fundamental rights in the Constitution and the five judge Constitution bench is yet to decide whether it is a fundamental right or not. Through this paper, an attempt has been made to analyse the present Act by taking into consideration various national and international privacy principles. It aims to achieve a balance between governmental privileges and right to privacy.

A rejuvenation of the nationalist spirit, constructed in narrow terms of primordial identity is what the ruling party promises in its campaign for the Lok Sabha election. Though secularism was never a clearly defined
or practised principle, the explicit signals of retreat from the promise of formal equality represent a clear and perilous regress.

AMIT SHAH DE FACTO PM OF INDIA ON INDIAN PARTITION: BULLDOZING HISTORY
No other fascist organization, in the present world, can beat Rashtriya Swayamsevak Sangh (RSS) in demagogy, hypocrisy and double-speak. In fact, what George Orwell termed as "doublespeak" would be an understatement in the case of RSS. The latest proof of this nasty character was provided by the Union Home Minister Amit Shah, de facto PM and a senior RSS leader in the Lok Sabha (akin to the House of Commons in England) on December 9, 2019. While introducing the Citizenship (Amendment) Bill, 2019 which is not only against democratic-secular Indian Constitution but also violates all humanitarian principles; this Hindutva zealot justified the need for such a law by referring to the Partition of India in 1947. He told the law-makers,
“You want to know why this bill is necessary. If the Congress had not divided this country on the basis of religion, there would be no need to bring in this bill. It was the Congress that divided the country on religious lines, not us,”
[https://www.telegraphindia.com/india/history-contests-amit-shah-on-partition/cid/1725610?ref=top-stories_home-template]
It was unashamed bulldozing of history with the aim to hide the identity of the real culprits who dissected a nation causing unimaginable bloodshed, violence and destruction. When Amit Shah claims that "it was the Congress that divided the country on religious lines, not us,” it is not due to ignorance or outcome of his illiteracy. It was Goebbels speaking through Amit Shah; shout a lie multiple times so that it becomes a truth!
Let us compare the above claim of Amit Shah with the contemporary documents available in the archives of Hindutva organizations like RSS and Hindu Mahasabha led by VD Savarkar.
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